What Evidence Do I Need to Prove Fault in a Car Accident in Providence, RI?

If you’ve been in a car accident in Providence, Rhode Island, one of the most crucial steps in securing fair compensation for your damages is proving fault. Establishing which party is responsible for the accident is essential to the success of your personal injury claim.

To do so, you’ll need to gather different types of evidence that support your case. In this blog post, we’ll discuss the key evidence you should collect to help prove fault in a car accident.

Police Reports

One of the most critical pieces of evidence in a car accident case is the police report. After an accident, it’s essential to call the police to the scene so they can document the incident.

The responding officer will create a report that includes details like:

• The date, time, and location of the accident
• Information about the parties involved, including contact and insurance details
• Statements from drivers, passengers, and witnesses
• Description of vehicle damage and any injuries sustained
• The officer’s initial assessment of fault based on the evidence at the scene

While the police report itself isn’t admissible in court, it can serve as a valuable negotiation tool when dealing with insurance companies. It can also help your attorney identify potential witnesses and gather additional evidence to support your claim.

Witness Statements

Witness statements can be incredibly valuable in proving fault in a car accident. Impartial third-party accounts of the incident can help corroborate your version of events and provide a more comprehensive picture of what happened.

If there were witnesses to your accident, be sure to:

1. Get their contact information, including names, phone numbers, and email addresses
2. Ask if they’d be willing to provide a written statement about what they saw
3. If possible, have them share their account with the responding police officer

Your personal injury attorney can follow up with witnesses to secure their statements and, if necessary, call upon them to testify in court.

Photographs and Videos

Visual evidence can be incredibly powerful in proving fault in a car accident. If you’re able, take photos and videos of the accident scene, including:

• Vehicle damage
• Skid marks or debris on the road
• Traffic signs or signals
• Weather and road conditions
• Any visible injuries you or your passengers sustained

If there are nearby security cameras or traffic cameras that may have captured the accident, your attorney can work to obtain this footage to further support your claim.

Medical Records

If you’ve been injured in a car accident, your medical records can serve as evidence of the severity of your injuries and the impact the accident has had on your life.

Be sure to keep all documentation related to your medical treatment, including:

• Ambulance and emergency room records
• Diagnostic test results (e.g., X-rays, MRIs, CT scans)
• Doctor’s notes and treatment plans
• Prescription medication records
• Physical therapy or rehabilitation records

These records can help establish a clear link between the accident and your injuries, which is essential to securing fair compensation.

Expert Witness Testimony

In some cases, expert witness testimony may be necessary to prove fault in a car accident. These experts can provide professional opinions on various aspects of your case, such as:

• Accident reconstruction specialists who can analyze the evidence and determine how the accident occurred
• Medical experts who can testify about the nature and extent of your injuries
• Economists who can calculate the financial impact of the accident, including lost wages and future medical expenses

Your personal injury attorney will determine if expert witness testimony is necessary for your case and secure the appropriate professionals to support your claim.

Vehicle Damage Reports

The extent and location of vehicle damage can provide valuable insights into how the accident occurred and who may be at fault. Be sure to obtain copies of any vehicle damage reports, including:

• Insurance adjuster reports
• Body shop repair estimates
• Total loss reports (if applicable)

These reports can help reconstruct the accident and provide evidence of the force of impact, which can be crucial in proving fault and the severity of your injuries.

Admission of Fault

In some cases, the at-fault driver may admit responsibility for the accident at the scene. If this happens, be sure to document their admission in writing or, if possible, capture it on video. This can be incredibly powerful evidence in proving fault and securing compensation for your damages.

Cell Phone Records

Distracted driving, particularly cell phone use, is a leading cause of car accidents. If you suspect that the other driver was using their phone at the time of the accident, your attorney can subpoena their cell phone records to prove fault. These records can show if the driver was texting, making a call, or using an app when the accident occurred.

Proving Fault Under Rhode Island Law

Rhode Island follows a pure comparative fault system, which means that multiple parties can be found partially at fault for an accident. Under this system, each party’s percentage of fault is determined, and their compensation is reduced accordingly. For example, if you are found to be 20% at fault for an accident, your compensation will be reduced by 20%.

It’s important to note that under Rhode Island law if you are found to be 51% or more at fault for an accident, you may be barred from recovering any compensation for your damages. This makes proving fault even more crucial in securing the financial recovery you deserve.

Work with an Experienced Providence Car Accident Attorney

Gathering evidence to prove fault in a car accident can be time-consuming. Working with our experienced Providence car accident attorney can help ensure that all necessary evidence is collected and presented in a compelling manner to support your claim.

At Louis W. Grande Injury Lawyer, our personal injury attorneys have years of experience handling car accident cases in Providence and throughout Rhode Island. We understand the importance of proving fault and will work tirelessly to gather the evidence needed to secure the maximum compensation you deserve.

If you or a loved one has been involved in a car accident in Providence, don’t hesitate to contact us today for a free consultation.